Justus Lyons Will

Contributed By: Sherlene Belden

	

Record of Justus Lyon's [s/b Lyons'] Will Be it remembered that heretofor to wit on the twelfth day of June AD 1849 Henry Lyons the sole executor named in the last will & testament of Justus Lyons late of the town of Barton in the County of Tioga deceased appeared in open Court before the County Judge of the County of Tioga & made application to have the said last will & testament which relates to both real & personal estate proved & on such application the County Judge did ascertain by satisfactory evidence who are the widow heirs & next of kin of the said testator & their respective residency & some of them appearing to be minors having no general guardian residing within the State of New York a special guardian was appointed in due form of law to take care of their interests in the matter of proving the said will by an order entered for that purpose by said County Judge & said County Judge did thereupon issue a citation in due form of law, directed to the said widow, heirs & next of kin & special guardian by their respective names stating their respective places of residence requiring them to appear before said County Judge at his office in the Town of Owego on the fourth day of August then next ensuing to attend the probate of the said will: & afterward to wit on the said fourth day of August satisfactory evidence by affidavit was produced and & presented to said County Judge of the service of the said citation in the mode prescribed by law; And on that day no one appearing to oppose the probate of such sill such proceedings now were thereupon had that the County Judge took the proof of said will hereinafter set forth upon this fourth day of August AD 1849 and he adjudged the said will to be a valid will of real and personal estate & the proofs thereof to be sufficient which said last will & testament & proofs are as follows that is to say: Will I Justus Lyons of the town of Barton County of Tioga & State of New York do make & ordain this my last will and testament in manner & form following, to wit, I give & bequeath to my beloved wife Fanny Lions [s/b Lyons] the use of the premises I now occupy & live on during her natural life and after her decease I give & bequeath the same said premises (being one hundred acres of land) to Justus C. Lions [s/b Lyons] by his paying to my Executor (one year after my decease) the sum of five hundred dollars ($500) I give & bequeath to my son Henry Lions [s/b Lyons] the fifty acres of land now occupied by him; also I give & bequeath to my son J. C. Lions [s/b Lyons] the fifty acres of land now occupied by him; also I give and bequeath to my son Jonathan C. Lions [s/b Lyons] another fifty acres of land situated in the town of Barton, Tioga Co, N.Y. known as the Cantine lot, joining land of the Widow Hedges & now in possession of the said J. C. Lions [s/b Lyons]; I give & bequeath to my son Justus Lions [s/b Lyons] Jr. the fifty acres of land on which he now resides, & now occupies, I give & bequeath to my son Frances Lions [s/b Lyons] the lot of land now owned by me in Factoryville, I will & order my Executor to pay out the five hundred dollars (after receiving the same from Justus C. Lions [s/b Lyons]) in the following manner viz, to Henry Lions the sum of one hundred dollars, to Jonathan C. Lions one hundred dollars & to David Lions one hundred dollars & to Frances Lions the sum of one hundred dollars and to Justus Lyons (my son) the sum of ten dollars & the sum of ninety dollars to my granddaughters Polly & Lucy Vanetten (heirs of my deceased daughter Julia) I nominate Henry Lions (my son) executor of this my last will & testament herby revoking REST OF THIS SENTENCE IS MISSING. AD1847 His Justus X Lyons Mark Signed, sealed, published & declared by the said testator Justus Lions [s/b Lyons] as & for his last will & testament in the presence of us who have subscribed our names as witnesses thereto, in the presence of the said testator. Gilbert Edgcomb Jr, Jas. W. Swartwood, George King Depositions & Testimony of the Witnesses Tioga Surrogate Court In the matter of proving the last will And testament of Justus Lyons deceased Tioga County SS Gilbert Edgcomb of Barton in said County being duly sworn and examined before Charles P. Avery County Judge of Tioga County doth depose & say that he was well acquainted with Justus Lyons late of the said town of Barton now deceased. That he was present as a witness & did see the said Justus Lyons subscribe his name by making his mark at the end of the instrument in writing now produced & shown to this deponent bearing date the first day of October AD1847 purporting to be the last will and testament of the said Justus Lyons deceased. That the said Justus Lyons at the time of making the said subscription declared the said instrument to be his last will & testament & requested this deponent to sign his name as a witness thereto . Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument in the presence of the said Justus Lyons. This deponent further says that the said Justus Lyons at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind & memory, in all respects competent to devise real estate & not under restraint & that this deponent saw James W. Swartwood & George King then of the town of Barton sign the said instrument at the end thereof as witnesses in the presence of the said Justus Lyons & at his request and this deponent further says that he drew said instrument at the request of the said Justus Lyons; That he has since inspected it & finds it in no respect altered or changed; That it is the same in all respects as when it was executed. Subscribed & sworn this Signature of G. Edgcomb 4th day of August AD 1849 Signature of C.P. Avery County Judge Tioga County SS George King of Barton in said County being duly sworn & examing before Charles P. Avery County Judge of Tioga County doth depose & say that he was well acquainted with Justus Lyons late of Barton aforesaid now deceased that he was present as a witness & did see the said Justus Lyons subscribe his name. THE NEXT SENTENCE IS MISSING …………………. Will & testament & requested this deponent to sign his name as a witness thereto. Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument in the presence of the said Justus Lyons. This deponent further says that the said Justus Lyons at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind and memory, in all respects competent to devise real estate & not under restraint and that this deponent saw G. Edgcomb & Jas. W. Swartwood sign the said instrument at the end thereof as witnesses in the presence of the said Justus Lyons & at his request Sworn this 4th day of Signature of George King August AD 1849 before me Signature of C.P. Avery County Judge Tioga County SS: James W. Swartwood of Addison in Steuben County late of Barton in the County of Tioga being duly sworn & examined before C. P. Avery County Judge of Tioga County doth dispose & say that he was well acquainted with Justus Lyons now deceased. That he was present as a witness & did see the said Justus Lyons subscribe his name by making his mark at the end of the instrument in writing now produced & shown to this deponent bearing date the 1st day of October AD1847 purporting to be the last will & testament of the said Justus Lyons deceased. That the said Justus Lyons at the time of making the said subscription declared the said instrument to be his last will and testament & requested this deponent to sign his name as a witness thereto. Thereupon this deponent accordingly signed his name as a witness at the end of the said instrument in the presence of the said Justus Lyons. This deponent further says that the said Justus Lyons at the time he so executed the said instrument was a citizen of the United States, of full age, of sound mind & memory in all respects competent to devise real estate & not under restraint. Sworn this 4th day of Signature of Jas W. Swartwood August AD1849 C.P. Avery County Judge County of Tioga SS: It appearing upon the proofs duly taken in respect to the last will & testament of Justus Lyons late of the town of Barton in said County of Tioga deceased that the said will was duly executed & that the said Justus Lyons at the time he executed the same was in all respects competent to devise real estate & not under restraint the said last will & testament & the said proofs & examination are herby recorded. Signed & certified by me pursuant to the provisions of the Revised Statues this 4th day of August AD1849. Signature of Charles P. Avery County Judge of Tioga County Recorded August 4th AD1849


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